TERMS OF SERVICE

Version 0.1 of Terms and Conditions of Use of API (all versions) between the Developer (Developer, You, Your, API User) and Data Thistle (Data Thistle, Our, We), 14 High St, Edinburgh, EH1 1TE, United Kingdom.

You are already a registered user of datathistle.com and have accepted our general terms and conditions of use covering our services and content, and by requesting an API (Application Programming Interface) key for direct access to a range of Data Thistle content, you hereby agree to these terms of use of the API:

Our FREE or PAID service is provided “As Is” with no warranty, no statement of merchantability or fitness for purpose. We provide no Service Level Agreement (SLA). You understand that the FREE or PAID service has a quota. You shall not attempt to circumvent your quota limit.

You understand that your use of the API is subject to various 'reasonable use' tests. We may cease your API access at any time, and may do so without notice. In particular, you agree not to programmatically or otherwise repeatedly visit any URLs contained within the data returned by the API. Where we judge this behaviour is excessive you will fail our 'reasonable use' test and consider this a breach of our terms.

You agree that we may contact you via any means for which you have provided the necessary credentials in order to keep you up to date with developments in our API and associated services.

You agree that when you request an API key, as a Developer, on a project for a third party that you shall inform them of these terms of use and your acceptance of these terms and conditions shall be considered to bind the third party. Your failure to inform them is a breach of these terms of use.

You understand that the content changes frequently and in order to ensure that use of our content is based on up-to-date information you agree to ensure that any caching you undertake shall be limited to 24 hours, and you will refresh your content via the API no less than every 24 hours.

Your use of the API PAID service will include separate access to additional information about some venues – known as Place Data. This is provided for use in association with the events data. You agree not to publish, cache, store, or otherwise compile a set or sets of Place Data except as provided for herein and only to use the Place Data as part of an Event listing for an event taking place in the future.

You acknowledge the trademarks and other rights held by Data Thistle. You agree to clearly attribute the content to users of your service by including Data Thistle’s logo and an associated link and to direct users through links to our Update an Event and Add an Event pages.

We may modify the terms of use, for example, to reflect changes to the law, our commercial terms or changes to our APIs. We will generally contact you as provided under this agreement to advise you of changes which will not apply retroactively and will become effective no sooner than 30 days after they are posted or communicated to you. Changes addressing new functions of the API, urgent security and operational issues, or changes made for legal reasons may be effective immediately. In the event of more substantial changes, you may be asked to explicitly accept the new terms, and failure to do so may result in your key being revoked, otherwise your continued use of the API constitutes your acceptance of the modified terms.

We will notify you of changes to the API and from version 1.00 plan to release new versions less than once a year. We will endeavour to maintain backwards compatibility as far as is reasonably possible and to notify you about required API upgrades. Changes addressing urgent legal, security or operational issues may be implemented immediately, or on short notice.

Data Thistle reserves the right to revoke or suspend your API key with immediate notice if we reasonably believe that you are in violation of these terms of use or in the event of a material service issue. Where in Data Thistle’s sole judgement it is reasonably practical, we will contact you prior to a termination and endeavour to regularise your use of the API but shall be under no obligation to precede cessation with any communication where this is required.

Developer shall defend, indemnify and hold Data Thistle and its underlying service providers, business partners, third-party suppliers and providers, licensors, officers, directors, employees, harmless from and against any lawsuit, claim, damage, liability, or expense (including reasonable legal fees) incurred by Data Thistle as a result of any third-party claim against Data Thistle resulting from or relating to your use of the API or Data Thistle’s use of your marks, Developer's breach of this agreement, or the infringement or misappropriation of any patent, copyright, trademark, or other intellectual property right of any third party.

Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation may be sent to Data Thistle, 14 High Street, Edinburgh EH1 1TE. We will contact you using the details you provide.

Failure or neglect by you or Data Thistle to enforce at any time any of the provisions hereof will not be construed, nor will be deemed to be a waiver of either parties’ rights hereunder as the case may be, nor in any way affect the validity of the whole or any part of this Agreement, nor prejudice Data Thistle’s rights to take subsequent action as the case may be.

You may terminate this agreement at any time by notice to us. We will use the processes as described herein to communicate changes to the terms of usage or to the API and we reserve the right to change the terms of use of the FREE offer, and this may include withdrawal of the FREE or PAID service and terminate this agreement.

The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part or to affect the meaning or the interpretation of the terms and conditions of this Agreement.

In the event that any of these terms, conditions or provisions or those of any schedule attached hereto will be determined by any competent authorities to be invalid, unlawful or unenforceable to the extent that such term, condition or provision will be to that extent severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

The parties hereby agree that this Agreement and the provisions hereof will be construed in accordance with Scots law.

DATA THISTLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. DATA THISTLE SHALL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE FOREGOING IS NOT ENFORCEABLE, DATA THISTLE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO FIVE THOUSAND POUNDS (£5000.00).

Data Thistle is a trading name of Phylum Forge Ltd. (Company No. SC095153)